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Government Code §65852.2, operative January 1, 2025
<br /> adoption of an ordinance, the department may submit written findings to the local agency as to
<br /> whether the ordinance complies with this section.
<br /> (2) (A) If the department finds that the local agency's ordinance does not comply with this
<br /> section,the department shall notify the local agency and shall provide the local agency with a
<br /> reasonable time, no longer than 30 days,to respond to the findings before taking any other action
<br /> authorized by this section.
<br /> (B) The local agency shall consider the findings made by the department pursuant to
<br /> subparagraph(A) and shall do one of the following:
<br /> (i)Amend the ordinance to comply with this section.
<br /> (ii) Adopt the ordinance without changes. The local agency shall include findings in its
<br /> resolution adopting the ordinance that explain the reasons the local agency believes that the
<br /> ordinance complies with this section despite the findings of the department.
<br /> (3) (A) If the local agency does not amend its ordinance in response to the department's findings
<br /> or does not adopt a resolution with findings explaining the reason the ordinance complies with
<br /> this section and addressing the department's findings, the department shall notify the local
<br /> agency and may notify the Attorney General that the local agency is in violation of state law.
<br /> (B) Before notifying the Attorney General that the local agency is in violation of state law, the
<br /> department may consider whether a local agency adopted an ordinance in compliance with this
<br /> section between January 1, 2017, and January 1, 2020.
<br /> (i) The department may review, adopt, amend, or repeal guidelines to implement uniform
<br /> standards or criteria that supplement or clarify the terms,references, and standards set forth in
<br /> this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5
<br /> (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
<br /> (j)As used in this section,the following terms mean:
<br /> (1)"Accessory dwelling unit"means an attached or a detached residential dwelling unit that
<br /> provides complete independent living facilities for one or more persons and is located on a lot
<br /> with a proposed or existing primary residence. It shall include permanent provisions for living,
<br /> sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily
<br /> dwelling is or will be situated. An accessory dwelling unit also includes the following:
<br /> (A)An efficiency unit.
<br /> (B)A manufactured home, as defined in Section 18007 of the Health and Safety Code.
<br /> (2)"Accessory structure" means a structure that is accessory and incidental to a dwelling located
<br /> on the same lot.
<br /> (3) "Efficiency unit"has the same meaning as defined in Section 17958.1 of the Health and
<br /> Safety Code.
<br /> (4) "Living area"means the interior habitable area of a dwelling unit, including basements and
<br /> attics, but does not include a garage or any accessory structure.
<br /> (5) "Local agency"means a city, county, or city and county, whether general law or chartered.
<br /> P20-0412,Accessory Dwelling Units Planning Commission,July 8, 2020
<br /> Exhibit B, State Law, Page 15
<br />velopment within 60 days after adoption. After
<br /> P20-0412, Accessory Dwelling Units Planning Commission, July 8, 2020
<br /> Exhibit B, State Law, Page 14
<br /> P20-0412,Accessory Dwelling Units Planning Commission, July 8, 2020
<br /> Exhibit B, State Law, Page 11
<br />acteristics of the project.
<br /> P20-0412,Accessory Dwelling Units Planning Commission, July 8, 2020
<br /> Exhibit A, PMC Amendments, Page 5
<br />2020.
<br /> P20-0412, Accessory Dwelling Units Planning Commission
<br /> 6 of 9
<br />ing windows to allow for those windows to be the same size, shape, and height.
<br /> Planning Commission Minutes Page 3 of 9 June 24, 2020
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